IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.51934 – 51935/2016 (MV) BETWEEN:
SRI MURTHY V. GOWDAR S/O LATE GOWDAR VEERANNA, AGED 59 YEARS, SRI ASHRAYA NILAYA, NEAR KSRTC DEPOT, CHURCH EXTENSION, I CROSS, CHITRADURGA-577501 ... PETITIONER [BY SRI R.LOKESH, ADV.] AND:
1. THE KARNATAKA STATE TRANSPORT AUTHORITY TTMC BUILDINGS, I FLOOR, ‘A’ BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027 BY ITS SECRETARY 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027 BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI HAREESH BHANDARY T., ADV. FOR R-2.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE COMMON ORDER DATED 14.09.2016 PASSED BY THE HON'BLE TRIBUNAL IN R.P.No.201/2016 & R.P.No.202/2016 VIDE ANNEXURE-H AND TO RESTORE THE PROCEEDINGS OF THE R-1 AUTHORITY DATED 30.06.2016 VIDE ANNEX-D IS LEGAL AND PROPER AS PER THE PROVISION OF THE NEW MV ACT, 1988.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order passed by the Tribunal in R.P.Nos.201/2016 and 202/2016, dated 14.09.2016 at Annexure - H.
2. The learned counsel appearing for the parties submit ad-idem that the subject matter of these writ petitions is similar to the one considered in W.P.No.23907/2018 (MV), disposed of by this Court vide order dated 19.07.2018, whereby this Court directed the Regional Transport Authority to consider the renewal application of the petitioner in the light of the notification dated 28.09.2017.
3. The learned counsel for the petitioner submits that the Rule itself having been amended vide Notification dated 27.07.2018, the case of the petitioner is strengthened. This assertion is not disputed by the learned counsel for the other side.
4. It is further submitted that by the Notification dated 07.03.2019, a new Comprehensive Area Scheme for the entire State of Karnataka has been issued by the Government of Karnataka in terms of sub-section (3) of Section 100 of the Motor Vehicles Act, 1988 whereby the existing permits with the trips and vehicles to whom permits are granted and issued by transport authorities, in operation as on 18.12.2014, and also pending renewal to operate their services on inter-State, intra-State, inter-district and intra-district routes notwithstanding anything contained in any of the approved schemes as well as the existing permits in operation with trips and vehicles of the private stage carriage operators, who are operating on non monopoly routes/area as on 24.03.2018 and the existing permits in operation according to notification dated 28.09.2017 issued by the Government of Karnataka subject to decision of the Hon’ble High Court of Karnataka are saved. The said Notification also supports the case of the petitioner.
5. For the aforegoing reasons, these writ petitions stand disposed of setting aside the impugned order at Annexure – H dated 14.09.2016. The proceedings are restored to the file of respondent No.1 – Karnataka State Transport Authority, Bengaluru, to consider the petitioner’s application for renewal of stage carriage permit in accordance with law.
6. Respondent No.1 shall conduct joint survey of the routes in question and thereafter pass appropriate orders in accordance with law after hearing all the parties concerned, in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
7. It is needless to observe that the petitioner shall continue to operate on the routes concerned until the decision to be taken by respondent No.1 – authority.
Sd/- JUDGE PMR